@JimmyT said:
That said, there is a clause in the Act that says OCs are allowed to created rules to manage common property and individual lots provided they don’t contravene other laws.
And that, I think is the problem. I see that VCAT throws out a lot of OC special rules because they often do contravene other laws.
Other laws do exist that allow strata owners the right to lease their lot in the same way as other freehold property owners and to have access to their lots for themselves, their tenants and visitors via common property. So I can’t see that an OC can actually prevent an owner from leasing out a car space (especially if it’s a separate lot) or prevent access to that car space for the tenant that leased it. Are there any xCAT cases that could be referenced that show otherwise?
But an OC can ban storage in private lot car spaces – that seems well proven in VCAT. Interestingly, the OC can’t touch the stored themselves.